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08-23-1976 - Regular Meeting - MinutesLl MTNU'I'Es OF THE IZEGUTAIl MEETING OF THE CITY COUNCIL CITY OF WEST COVINA , CALIFORNIA AUGUST 23, 1976 The regular meeting of the City Council was called to order at 7:30 P.M. by Mayor Nevin Browne in the West Covina Council Chambers. The Pledge of Allegiance was led by 61ouncilman Kenneth Chappell; the invocation was given by Councilman Miller. ROLL CALL Present: Mayor Browne; Councilmen: Miller, Chappell, Shearer, Tice Others Present: Herman Fast, City Manager George Wakefield, City Attorney Lela Preston, City Clerk . Michael Miller, Public Services Dir. Leonard Eliot, Controller Harry Thomas, City Engineer Ramon Diaz, Planning.Director Gus Salazar, Redevelopment Coordinator Craig Meacham, Deputy Police Chief Kevin Northcraft, Administrative Asst. Ross Bonham, Administrative Asst. Janet Williams, Administrative'Analyst Bill Freemon, Staff Reporter, S.G.V.D.T. Eric Cohen, Staff Reporter, Sentinel APPROVAL OF MINUTES Councilman Miller made the following August 9, 1976 correction to the minutes of August 9, August 11, 1976 1976: page 3, paragraph 2 should read: "...be referred to Staff for a report back to us..." Councilman Chappell made the following correction to the minutes of August 9, 1976: page 24, paragraph 10 should read: "...RTD is upwards of fourteen billion dollars." Motion made by Councilman Chappell, seconded by Councilman Shearer to approve the minutes of August 9, 1976 as corrected and the minutes of August 11, 1976 as submitted. Motion carried. CONSENT CALENDAR Mayor Browne explained the procedure of the Consent Calendar and asked if there • were comments on any of the following items. - 1 - CITY COUNCIL Consent Czi leiidar 1. WRITTEN COMMUNICATIONS nu};usl_ 23, 1976 11;1ge Two a) DEPARTMENT OF Re landscaping project to be developed TRANSPORTATION within West Covina under 1976 Six - Year Highway Program. (Informational - Receive and file) b) ACRET & PERROCHET Attorneys on behalf of Martin J. Jaska, Inc., Bidders on Palm View Park Community Center Project. (Refer to Bid Item No. AA-1) 2. PLANNING COMMISSION a) SUMMARY OF ACTION August 18, 1976 (Accept and file) 3. ABC APPLICATIONS Chief of Police recommends NO PROTEST a) Gregory Scott McConaughy 2909 Citrus Street West Covina, Ca. b) Armon Construction Co. 321 Oakhurst Drive Beverly Hills, Ca. • c) Lyle B. Benton 1531 Ninth Avenue Hacienda Heights, Ca. Opal Marie McMahon 3066 Main Street Baldwin Park, Ca. dba THE HOOK, LINE & SINKER 2646 E. Garvey Avenue dba MAC'S THRIFTY LIQUOR STORE 2711 East Valley Blvd. dba THE CREST TAVERN 1232 W. Francisquito Ave. d) Gulugian & Kearns Ent. Inc. dba THE THIN'S INN Francis Kearns 2530 E. Workman Ave. 4726 Tanglewoou Anaheim, Ca. John Gulugian 17252 Citron Irvine, Ca. e) Angelo J. & Norma Brutocao dba 2800 East Larkhill Drive 675 S. Glendora Ave. West Covina, Ca. Leonard A. & Anne Brutocao 2780 East Larkhill Drive West Covina, Ca. - 2 - CITY COUNCIL Consent Calendar August 23, 1976 Page Three 4. CLAIMS FOR DAMAGES FILED WITH THE CITY CLERK a) Marina Jones Re alleged loss of wedding ring during • 221 S. Ninth St. arrest proceedings. (Deny and refer to Industry, Ca. City Attorney and Staff) b) Thorpe, Sullivan, Re closing off California Avenue and Workman, Thorpe & constructing parking lot. (Deny and O'Sullivan, Atty.. refer to City Attorney and Insurance on behalf of Carrier) Mirosc Co., Inc. 5. TRAFFIC COMMITTEE MINUTES a) REVIEW OF ACTION August 17, 1976. (Accept and file) (Refer to discussion on Pages 2 and 3) 6. CITY TREASURER a) MONTHLY REPORT July, 1976. (Receive and file) Councilman Tice and Councilman Shearer had comments on Item 5-a (Traffic Committee Minutes). Councilman Shearer: Re Item VII (Various Locations - Remove Crosswalks). I would hope that contact • is made with the School Districts for their input before any final recommendation is made to the Council. Re Items XIII and XIV (Relocating Bus Stops), before we get into the area of moving bus stops, I hope that all parties involved are contacted for their input - the RTD, and the merchants in front of whose store or business a bus stop is to be located, Councilman Tice: Re Item VIII (Prohibiting Parking for Street Cleaning - Roberto Avenue, Dennis Avenue and Harbert Street), I would like to see this done City-wide, if we could. I think if we can do it in one area, we should do it in all areas. I would like to get a report from Staff and the Traffic Committee on their thinking in this matter. Councilman Chappell: We have looked at that several times. The problem is that the street sweepers start very early in the morning, and many of our households only have a one car garage and more than one car so it is a requirement that they park in the street. • About the only way to make it work is to have the streets swept on one side one day and on the other side the next day. That might be something the Staff could report. - 3 - CITY COUNCIL Consent Calendar August 23, 1976 Page Four We have many cars in our. City that are parked on the streets because there is no place else to park due to lack of restrictions earlier in our history. We Is reason. would have a hard time penalizing citizens for that reason. Although this has been considered several times before, never with the thought of alternating sides of the streets to allow the cars to move back and forth. Mayor Browne: We will direct this to Staff for study. Motion made by Councilman Chappell, seconded by Councilman Shearer to approve the Consent Calendar. Motion carried on roll call vote as follows: AYES: Miller, Chappell, Shearer, Tice, Browne NOES: None ABSENT: None GENERAL AGENDA ITEMS AWARD OF BIDS PROJECT NO. WCCD-2 • PALM VIEW PARK COMMUNITY CENTER Bids were received in the office of the Community Redevelopment up to 10:00 A.M. on Wednesday, July 28, 1976, and there- after publicly opened and read. Held over from August 9, 1976. Review Staff Report and reject all bids and authorize Staff to readvertise and receive new bids. Mr. Wakefield: At the last meeting of the City Council you took -action to waive the irregularity in the low bidder's bid in that he had not submitted his Affirmacive Action Plan in his bid package. After review of the bids by HUD, the local office determined that it could not certify the bids because of the irregularity. In view of that determination, Staff would recommend that all of the bids be rejected and that Staff would be authorized readvertise for bids after some modification to the plans and specifications. Mayor Browne: Referring to the modification of plans and specifications, may I ask of Staff what they have in mind. Mr. Salazar: The modification is related to the • application of insulation on the roof. The architects have discussed with us the possibility of modifying the structure which is holding up the insulation which they feel can be modified to reduce the amount of wood that might be necessary. - 4 - , CITY COUNCIL August 23, 1976 Award of Bids'. Page Five Mayor Browne: Inasmuch as the bids came in considerably over the Staff's estimates, I would hope there will be a review of • the whole plan. As to bids in the future, I kind of question giving out the Staff's estimates of costs. I sometimes feel that contractors and people doing service with the City government have a tendency to add on extra dollars. This is all taxpayers' money. Staff estimated this job to be $230,000 and there was an over -run on the bids submitted. I wonder if the estimates would be. more competitive if the Staff's estimates were with -held. Mr. Salazar: It is usually contained in the adver- tisements because of the bonding capacities of certain contractors. This gives an indication to the contractors whether they should bid on the job. We did receive eight bids. Mayor Browne: They all had the same information; you showed your "hole card"with your cost estimate. They are the contractors, and we should let them do the bidding and come up with a dollar value. We might know what we want to spend, but I do not think we should let them know; that is like opening up the checkbook to a • blank page and saying, "Sign it." It is not just this contract, but many others that have gone through, i.e. the tennis court lighting, where I have sincerely felt this way. I have done business with the County, State and Federal governments and know what the! concensus of feeling is. I feel that if we try to tighten up some of our information that is given out relative/our feelings on costs and what we have to spend, I think it will be borne out by a more structured rationale on the part of the contractors who are bidding. Mr. Salazar: Hopefully, since we are going to rebid the job, the contractors who are going to bid know that they have to come in under the last low bid, and the low bidder will probably submit a bid close to his last bid. Mayor Browne: Hopefully it will work out at a lower price. Motion made by Councilman Tice, seconded • by Councilman Shearer to reject all bids for Project No. WCCD-2 received up to July 28, 1976, and to authorize Staff to readvertize and receive new bids. Motion carried. - 5 - CITY COUNCIL August 23, 1.976 Public Works Page Six PUBLIC WORKS TRACT NO. 32621 Location: Northeast corner of California • GARDEN PARK HOMES, and Merced Avenues. A JOINT VENTURE APPROVE FINAL MAP The Council reviewed the Engineer's Report. RESOLUTION NO. 5304 The City Attorney presented: ADOPTED A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING FINAL MAP OF TRACT NO. 32621 AND ACCEPTING AN AGREEMENT BY THE SUB- DIVIDER AND SURETY BONDS TO SECURE THE SAME. • • Motion made by Councilman Shearer, seconded by Councilman Miller to waive further reading of the body of said resolution. Motion carried. Motion made by Councilman Shearer, seconded by Councilman Chappell to adopt said resolution. Motion carried on roll call vote as follows: AYES: Miller, Chappell, Shearer, Tice, Browne NOES: None ABSENT: None PROJECT NO. SP-75006 Location: Vincent Avenue at Walnut ACCEPTING GRANT OF EASE- Creek Wash. MENT, LOS ANGELES COUNTY FLOOD CONTROL DISTRICT The Council reviewed the Engineer's Report. RESOLUTION NO. 5305 The City Attorney presented: ADOPTED A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ACCEPTING GRANT OF EASEMENT EXECUTED BY LOS ANGELES COUNTY FLOOD CONTROL DISTRICT FOR STREET WIDENING PURPOSES, AND DIRECTING THE RECORDATION THEREOF. Motion made by Councilman Chappell, seconded by Councilman Miller to waive further reading of the body of said resolution. Motion carried. Motion male by Councilman Chappell, seconded by Councilman Miller to adopt said resolut:ion. Motion carried on roll call vote as follows: AYES: Miller, Chappell, Shearer, Tice, Browne NOES: None ABSENT: None - 6 - • • CITY C0IJNC:1 L Public Works PROJECT NO. TS-77002 TRAFFIC SIGNAL INSTALLA- TION -.APPROVE PLANS t. SPECIFICATIONS August 2.1, 1976 Page Seven Location: Toluca Avenue and West Covina Parkway. The Council reviewed the Engineer's Report. Motion made by Councilman Miller, seconded by Councilman Chappell to approve the plans and specifications for Project No. TS-77002, and to authorize the City Engineer to call for bids. Motion carried. Mayor Browne: The estimated cost of the project is $52,600, and $80,000 has been requested or is available. I presume that Staff is only asking for the $52,600. Mr. Fast: At the last Council meeting, you will recall that there was a transfer authorized from the Redevelopment Agency Funds. However, the basis upon which the award will be made is $52,600. Mr. Thomas: The estimate for the contract amount is $52,600, however, there are engineering costs - both preliminary engineering and inspection,that will be added onto that amount. Additionally, we have provided 20 percent for contingencies. We do still anticipate that the total cost of the project will be below the amount of funds available. The Report before you is based upon the detailed estimate after the plans were completed. The original figure for the transfer of funds was a much rougher estimate before we had any plans at all for the project. LOS ANGELES COUNTY AID Location: Citywide TO CITIES FUNDING The Council reviewed the Engineer's Report. RESOLUTION NO. 5306 The City Attorney presented: ADOPTED A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF.WEST COVINA, CALIFORNIA, REQUESTING AN ALLOCATION AND PAYMENT OF COUNTY AID TO CITIES FUNDS FOR THE MAINTENANCE OF SELECT SYSTEM STREETS. Motion made by Councilman Shearer, seconded by Councilman Tice to waive further reading of the body of said resolution. Motion carried. Motion made by Councilman Shearer, • seconded by Councilman Chappell to adopt said resolution. Motion carried on roll call vote as follows: AYES: Miller, Chappell, Shearer, Tice, Browne NOES: None ABSENT: None - 7 - CITY COUNCIL August 23, 1976 Oral Communications Page Eight ORAL COMMUNICATIONS None. CITY ATTORNEY • RESOLUTION NO 5307 The City Attorney presented: ADOPTED A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AUTHORIZING AMENDMENT TO CAMERON AVENUE PARK AND DEL NORTE PARK PROJECTS NOS. 19-0120 AND 18-0122 — STATE BEACH, PARK, RECREATIONAL AND HISTORICAL FACILITIES BOND ACT OF 1974. Motion made by Councilman Tice, seconded by Councilman Shearer to waive further reading of the body of said resolution. Motion carried. Motion made by Councilman Tice, seconded by Councilman Shearer to adopt said resolution. Motion carried on roll call vote as follows: AYES: Miller, Chappell, Shearer, Tice, Browne NOES: None ABSENT: None THE MAYOR RECESSED THE CITY COUNCIL MEETING AT 7:52 P.M. FOR THE PURPOSE OF CONDUCTING THE REDEVELOPMENT AGENCY MEETING. THE • COUNCIL RECONVENED AT 7:55 P.M. CITY MANAGER REQUEST FOR BLOCK PARTY ROBERT C. CAPPER 405 N. CARVOL AVENUE WEST COVINA , CA. Councilman Miller: Motion made by Councilman Chappell, seconded by Councilman Shearer to approve the request for a block party on September 19, 1976 from Robert C. Capper. Motion carried 4 in favor, 1 opposed (Miller). I am not opposed to block parties, just blocking of the streets. ASSEMBLY CONCURRENT Mr. Fast reviewed the.Staff Report with RESOLUTION NO. 237 - the Council. POST OPERATION LANDFILL MAINTENANCE Motion made by Councilman Tice, seconded by Councilman Shearer that the City Council of the City of West Covina go on record in support of Assembly Concurrent Resolution No. 237, and authorize the Mayor to communicate this action to our State Senate and Assembly representatives. Motion carried. - 8 - CITY COUNCIL City Manager August 23, 1976 Page Nine APPROVAL OF CITY'S Mr. Eliot and Mr. Bonham reviwed the PROPERTY, EQUIPMENT Staff Report with the Council. FLOATER, & GLASS • INSURANCE COVERAGE Motion made by Councilman Shearer, FOR FISCAL YEAR 1976-77 seconded by Councilman Tice to approve the proposal received from Butler, Christian and Dunn to provide replace- ment coverage limits on the City's property and equipment with full value coverage on the City Hall glass. Such coverage to be placed with the Insurance Company of the Pacific Coast at a total annual premium cost of $10,006., which represents an increase of approximately 50 percent over last year's total premium cost of $6,703. Mota.on carried. PUBLIC HEARINGS SITE MODIFICATION REQUEST Location: Tract No. 31102, Lots 21, KAUFMAN AND BROAD,,INC. 22 and 23 fronting on Cecilia Street. Request: Approval of a site modifica- tion to permit two (2) existing single family detached units to be less than ten•(10) feet apart. (8'6" to 9'6") Denied by the Planning Commission on July 21, 1976, appealed by the applicant on August 5., 1976. (Proof of Publication in the West Covina Tribune on August 12, 1976 received. 3 notices mailed.) • Mr. Diaz reviewed the Staff Report with the Council. The Staff recommended denial of the request for the following reasons: (1) It is a self-imposed hardship. (2) If the situation had occurred anywhere else in the City of West Covina, the developer would be required/rectify the situation by moving the homes to meet the requirement. A variance applied for anywhere else in the City could not meet the required four showings as setforth in the City's Zoning Ordinance and in the State of California requirements. Should the Council find that the requested site modification is warranted, Staff recommended that five conditions of approval be applied. Mr. Diaz: Council will note that one condition of approval brought forth to the Planning Commission has not been contained in the recommendation to the Council; that is, the condition which would require a two hour fire wall. I must stress the uniqueness of the situation, therefore when setting forth the conditions of approval, it was felt that the two hour fire wall • was a good idea to achieve protection for the two homes. Since that time, in discussions with the Building and Safety Director and his assurances that a two hour fire wall would not make that much difference and probably result in an inferior product to what exists, the two hour fire wall requirement was deleted. - 9 - CITY COUNCIL August 23, 1976 Public Hearings Page Ten Site Modification Request Kaufman and Broad, Inc. PUBLIC HEARING OPENED IN FAVOR Mr. Bruce Tripp (Sworn in by the City Clerk) Kaufman and Broad, Inc. After listening to Staff's Report 17881 Sky Park North and recommendations, there is not Irvine, Ca. too much more I can add regarding the facts of the case other than the homes are, obviously, fully completed. They are built and finaled by the City. After the final inspection by the Building Department, our engineer and a representative of Kaufman and Broad in the field discovered the error - discovered, in fact, that the houses are anywhere from six inches to a foot and one-half too close together. We brought this problem to light to the City and to the founda- Lion subcontractor. We are not discounting the fact that it is a self-imposed hardship. The only point that we would like to make clear is that it is not particularly a self-imposed hard- ship upon Kaufman and Broad per se. It was a field error. Mistakes happen in the field quite often, some more grave than others. For -some reason these two foundations were staked and poured too close together. They were inspected by the City; finaled by the City; and, the houses were built. • Kaufman and Broad did bring the problem to the City. We recognized a potential problem, and brought it to the City with the hope of finding a potential solution. Obviously, the cost to relocate these two homes would be expensive; probably two-thirds the cost of each house. It is a large burden to place upon the subcontractor and possibly the engineer andfield work that might have been mistakenly done, and the home buyers. The homes have been sold. The property owners have been contacted, and are fully aware of the problem. They have submitted signed depositions stating that they fully understand the problem and are aware of the problem and accept the problem. We request your approval of the Site Modification for the reasons I have mentioned. We are prepared to accept the conditions outlined by Staff, if you choose to approve the request. Councilman Tice: What are the FHA requirements - four . or five feet from the property line? Mr. Tripp: The general rule of accepted practice is that whichever agency - FHA or VA, is the lead agency to process dictates the policies to the other. This project was processed through VA. VA accepts a four foot side yard setback, so VA would accept an eight foot distance between the buildings. - 10 - CITY COUNCIL August 23, 1976 Public Hearings Page Eleven Site Modification Request Kaufman and Broad, Inc. Mayor Browne: However, if FHA was the lead agency, • and they set the side yard setback at five feet for a total of ten feet between houses, these homes would not meet the requirement. This is the fact brought forth by Staff, and I happened to attend the Planning Commission meeting where that fact was discussed. VA would then follow in their footsteps. If the present owners decide to sell their homes in the future, and FHA was the lead agency in the matter and they imposed their standards, I think this would be imposing something that the City is not desirous of having happen in our community. This would place a cloud upon the deed. Are you aware of that? Mr. Tripp: The project has already been processed through VA. Mayor Browne: I understand that, but I am looking down the road to the future. Someone may want to buy the house and they are not a veteran or do not have the ability to secure a conventional loan; their only alternative would be FHA and they might be turned down. Mr. Phil Vaught (Sworn in by the City Clerk) Kaufman and Broad, Inc. If in the future the homeowner would 17881 Sky Park North desire to sell the home, the second Irvine, Ca. sale that would take place would have nothing to do with the project that was OK'd by FHA or VA, it goes back again to the minimum property standards, which are a four foot clearance.from any projection of the side yard. That would be taken under a separate entity and would have nothing to do with the previous allocation. Mayor Browne: I understand that. You are speaking of a four foot side yard setback from the standpoint of VA, but you are not speaking of the FHA requirement, which our Staff tells us is a five foot side yard setback. Mr. Vaught: No, the FHA and VA property standards are one in the same. Mayor Browne: I don't know, we have two different answers here - one from Staff, and one from you. I would like to have some facts. Mr. Vaught:" They both go in under the minimum property standards - the MPS Codes. Mayor Browne: Could you relate more to the side yard setback requirements of FHA, Mr. Diaz? - 11 CITY COUNCIL August 23, 1976 Public Hearings Page Twelve Site Modification Request Kaufman and Broad, Inc. Mr. Diaz: As indicated in the Planning Commission • minutes of July 21, 1976, there was some question on this. Staff contacted Mr. Duseneaux with HUD, and he indicated to us in that telephone conversation that the minimum FHA requirements are that dwelling units be a distance of ten feet apart. He indicated that this applied on resale as well. Therefore, because of the discrepancy of information received in testimony from Kaufman and Broad and the information which Staff received, Staff included Condition 4, "That there be recorded with the deed a warning to prospective buyers that the home may not meet FHA financing requirements." Our understanding is that the require- ment is a minimum of ten feet. Mayor Browne: But, you have nothing in writing to confirm this? Mr. Diaz: Not from HUD, no. Only the telephone conversation. Mayor Browne: I would think that in all of the time that has elapsed, more information would have been obtained. This happens to be a concern of mine for the future buyers of the properties. I would presume that this warning would be included with the title to the property. Someone could enter into negotiations and escrow and it would not be until title search that this would be revealed. Someone could make application for an FHA loan, and this would all come out in the end and could forestall sale of the property. I would like to see something confirming the five foot setback as a rule of FHA, and I would like to see the same thing from VA confir.t:ing the four foot setback. Until that time I do not think I would be willing to even consider the matter. Mr. Wakefield: I cannot add to the information which Mr. Diaz has provided. It is my under- standing that FHA does require a five foot setback for side yard requirements. Normally, in a situation of this kind, if there are deviations from the standard requirements at the time the application is made for the loan, FHA would require that the seller of the property obtain specific approval of the local • agency.involved before proceeding. The same thing is true with this kind of a situation with respect to additions that may have been made to a building without a permit, or an accessory building - 12 - CITY COUNCIL August 23, 1976 Public Hearings Page Thirteen Site Modification Request Kaufman and Broad, Inc. that had been too close to a rear yard or side yard. Whatever • is required from the local agency - whether it be a variance or a building permit, would be required to be issued before FHA would proceed. Once that is done, then it is my understanding that that impediment, whatever it is, would be removed. As I view the matter,"if the Council acts tonight to approve this modification of the requirements of the Site Plan, then that would stand as City approval of the condition as it exists on the ground so far as the property is concerned, and FHA would undoubtedly accept that so far as the future is concerned. IN OPPOSITION None. PUBLIC HEARING CLOSED COUNCIL DISCUSSION Councilman Shearer: As you recall, I phonedyou on this matter sometime ago after having read the minutes of the first Hearing before the Planning Commission, not at the request from Kaufman and Broad because until the gentleman stood up tonight,.I could not have • told who was who... I felt that the recommendation and action of the Planning Comssion, which basically said, "move the houses," was an unreasonable penalty, if I can use that term in the broad sense, for the error that was made, particularly since the error was brought to the attention of the City by the people who made it. So, to require them to move two houses, when, probably, if they had kept their mouth shut and said nothing, the houses would have been sold, everybody would have moved away, and nobody would have been the wiser. I am convinced that they did not try to "pull anything on us," and therefore, felt that the recommendation was a little stiff. So, I called the Mayor, and I called the Staff. We got together and discussed the matter for quite some time one afternoon. In that discussion, we developed a set of requirements, including a two hour fire wall which later proved not to be as wise as some of the other requirements. The reason for this was because the problem is establishing a precedent - developers could come in, make a "mistake " on purpose and say, "You did it for those houses over there, why not us?" So, we were looking for a solution that would cause some hardship, not out of proportion, but some hardship to the people who make a mistake, so that when sometime later someone comes in and says, "You let them." we could say, "Yes, but it cost them. It cost them certain types of windows; it cost them a six foot masonry wall; it cost them these types of things." - 13 - CITY COUNCIL August 23, 1976 Public: Hearings, Page Fourteen Site Modification Kegtiest Kaufman and Broad, Inc. I believe that these recommendations • satisfy the requirements, and, also make the initial buyer aware of the problem. It seems to me that the person who may suffer at a later date in obtaining an FHA loan is not the person buying the house, but the person who is selling it. He may find out that he cannot sell because the buyer cannot get a loan. And, those persons, by their own depositions here this evening, say they are aware of the problem, and are willing to buy the house anyway. So, what are we protecting them from? They are already aware of it and say in writing that they want to buy the houses anyway. Now, if sometime down the road they have difficulty in selling the houses, then it is not the City's fault. I believe we have done our job in directing the buyer; we have imposed a penalty, using the term in the broad sense, on the people who made the error; and we have taken care of the problem of precedence. So, I think that the recommendations that Staff has made for conditions to be applied are appropriate and that the Site Modification should be granted with the five conditions imposed. Councilman Miller: Did I hear you say, Mr. Wakefield, that if these conditions are imposed, • it should be acceptable to FHA in the future? Mr. Wakefield: That is my understanding. Councilman Miller: So, that should clear us as far as loans. There should be no problem as you see it from a conventional stand- point if a buyer should decide not to go FHA or VA? Mr. Wakefield: I think more and more the conventional lender is tending to follow the same general requirements as FHA. Savings and loans and banks all seem to be following the same general standards and imposing the same kinds of requirements. It is my impression that once the City has approved the modification which has been requested, that will be accepted. Councilman Miller: How will this affect fire insurance? For instance, they talk about thermal - paned glass. If that glass was broken, would it be replaced with just regular glass? Would that jeopardize the homeowner then from losing his fire insurance? Or, does this situation in itself make it difficult to obtain fire insurance? - 14 - CITY COUNCIL August 23, 1976 Public Hearings Page Fifteen Site Modification Request Kaufman and Broad, Inc. Councilman Chappell: There would be no problem. We insure condominiums that are built right next • to each other. Mr. Wakefield: I think fire insurance rates and ratings are based on an area and the amount of fire equipment that is available for fire protection rather than on individual structural conditions within a building. Councilman Chappell: It appears to me that the Mayor and Mayor Pro Tem have done things which are usually done by our City Council in a meeting in reviewing this problem to see if some sort of solution could be worked out. I commend them for the job they did on this. I certainly agree with the findings that they came up with. You did a good job, both of you, and I do concur with your findings. Certainly, any builder who wants to try the City Council in an error on purpose might find that we would not be so generous, if that word could be used at this time. • Councilman Tice: I still do not know whether the requirement is four feet or five feet. I was going to suggest a continuation so that we could get the exact answer on this. I have to admire the construction firm for bringing this to our attention. I believe it is an honest mistake, and, I am willing to vote in their favor. But, I would still like to have the question on setback requirements answered. Mayor Browne: I too would like to see the Staff obtain a firm answer from VA and FHA so that the Staff can be guided in the future. As Councilman Shearer indicated, we did meet to try to draw some punitive measures in regard to the error, which was, in our opinion, not intentional. I think it was honorable on their part to bring it to the attention of the City even though it had passed final inspection. I would like to see one more require- ment added to Condition 4 - that the applicant submit a certified copy of same to the Staff. And, I would also like a certified • copy of the sales agreement with the two parties purchasing these homes, along with the escrow figures for the sale to insure that the costs of the conditions are not passed on to the home buyers. - 15 - CITY COUNCIL August 23, 1976 Public Hearings Page Sixteen Site Modification Request Kaufman and Broad, Inc. Motion made by Councilman Shearer, seconded by Councilman Tice. to approve the Si.teiModification • subject to the five conditions as outlined in the Staff Report dated August 23, 1976 and as modified by Mayor Browne this date. Motion carried. AMENDMENT NO. 128 Proposed amendment to Sections 9203 and ENVIRONMENTAL IMPACT REPORT 9204 of the West Covina Municipal Code, CITY -INITIATED pertaining to the keeping and mainten- ance of horses in single-family residential zones. Recommended by the Planning Commission Resolution No. 8-76-2673. (Proof of Publica- tion in the West Covina Tribune on August 12, 1976 received. No Notices mailed.) Mayor Browne: For the information of the audience, the City Council, the Planning Commission and the Planning Department have met several times for complete review of proposed revision. Mr. Diaz reviewed the Staff Report, noting the key elements of the proposed revision. • PUBLIC HEARING OPENED Mr. T. Kerckhoff (Sworn in by the City Clerk) 843 S. Montezuma Way I have a question. My property is' West Covina, Ca. partially in Area 3 and partially in Area 2. Are you going to include me in one or the other, or what? Councilman Shearer: Which would you want to be in? Mr. Kerckhoff: I would like to be in Area 3. Mr. Diaz: Yes,, there is a situation in one part of the City where the area district boundaries cut into properties. Staff will look into this. Staff recommendation would be that the boundary lines be changed so that they conform to the property lines. This action should be initiated by the City. We will look at it, and see if it should be in Area 3. As I recall, all of the properties in question should be in Area 3. Mayor Browne: Well, this is borne out by the lot size. What is your lot size? • Mr. Kerckhoff: 212000. Mayor Browne: At this time I believe it is up to Council to direct Staff to reset the boundaries to accommodate the property lines, and Mr. Kerckhoff's request. - 16 - 0 • • CITY COUNCIL Public Hearings Amendment No. 128 August 23, 1976 Page Seventeen We will ask for a Staff review, Report and recommendation on this matter. Mr. Hawthorne (Sworn in by the City Clerk) 2238 Cameron Avenue I would like to know what effect West Covina, Ca. this will have on my property as far as the time period for the keeping of horses. Mayor Browne.: I am not sure that the Staff can answer your question without having a tract map in front of them. Mr. Hawthorne:' I am interested in the time limit. There are some people in that zone, which I believe is 2-a, who have animals now. What time limit would they have to dispose of them? Mr. Diaz: If Mr. Hawthorne's parcel is in Area District 32 he will be permitted to keep horses. If it is within any of the Area Districts below 3, then he would have six months.to move the horses off of the property because he is zoned R-1, and would not have the one acre minimum for the maintenance and keeping of horses. Mayor Browne: Are there any lots along Cameron, east of Hollenbeck and west of Citrus that do have adequate size to keep and maintain horses? Mr. Diaz: From what I understand, some of the lots are keeping horses in a kind of marshy area below that. Whether the gully is part of their lot or not is something else. The one acre or more as requirea by current requirements - I would hate to take a guess; I would say there are not many, if any. Councilman Shearer: But, a lot sized 23,000 square feet now in'anything other than an R-A zone, if there is an animal on it, it is illegal. Mr. Diaz: Yes, non -conforming. Mayor Browne:. And, the person will have six months, should he have horses, to get rid of them. Mr. Diaz: Yes, if he is in other than Area District 3. Councilman Shearer: Six months to get rid of a horse he should not have now under those conditions. Mr. Diaz: Right. - 17 - CITY COUNCIL Public. Hearings Amendment No. 128 August 23, 1976 Page Eighteen In the absence of knowing specifically what Area District Mr. Hawthorne's property is in, I think the answer to the question will have to wait until Mr. Diaz can • consult the.zoning maps. I am not sure that this question will make or break the enactment or the non -enactment of the proposed Amendment to the Ordinance. Mr. Hawthorne: I brought this up because I feel that maybe the Council might have over- looked some property that was pretty well used as horse ranch property, and that is still being used that way. I think the zoning proposed goes just to that area, but excludes the area. Councilman Shearer: Let us say there are ten lots facing Cameron between Hollenbeck and Citrus that exceed 20,OOO.square feet, what is the Area District 3 minimum? Mr. Diaz: 14,500 square feet. Councilman Shearer: Couldn't the City initiate a zone change to define a unique situation, and change that area.from Area District 2 to Area District 3 if there are a sufficient number • of adjacent lots to warrant the change appropriate? Mr. Hawthorne: I would say that right now in my area there are 20 to 25 lots of 20,000 square feet or more. Councilman Shearer: Could we do that, Mr. Wakefield, rather than granting some sort of variance for the keeping of a horse? Mr. Wakefield: Yes, I do not see any reason why there couldn't be such a change. If there is such an area in question it could be corrected in total, but I doubt that you would deal with it on a lot by lot basis. Councilman Shearer: I am talking about a group of lots that would fall into the category. (Mr. Hawthorne will contact Mr.. Diaz in the Planning Department.) 40 PUBLIC HEARING CLOSED • 11 CITY COUNCIL Public Hearings Amendment No. 128 COUNCIL DISCUSSION Councilman Tice: the City, so, naturally, August 23, 1976 Page Nineteen It was at my request that the Staff looked into restricting the animal population in certain sections of I am in favor of it. I would like to make one change, however. On page three, paragraph 3, I would like to have the time limit changed to one (1) year, "...shall be removed from said parcels within one (1) year of the effective date of this ordinance." (The Council concurred with the change recommended by Councilman Tice.) Councilman Shearer: We keep talking about this as the "Horse Ordinance" and all of the way through it we talk about a number of other types of animals. Depending upon your background, I guess, there is compatibility or non -compatibility. But we get down to the point where we talk about pigs and I wonder if we want pigs anywhere in the City of West Covina. I did a little research into the matter and found that a past Council passed Section 4300 of the Municipal Code which outlaws pigs anywhere in the City. So, there is a conflict. Do we. want pigs in the City if we do, then we have to change Section 4300, if we do not, then we have to change Amendment No. 128. I. for one, think pigs are fine if they live somewhere other than in our City's boundaries. Mayor Browne: I would agree with you. There should be some consistency in the Ordinance. I would feel that tonight, if the Council so wishes, that ,aP could delete that portion out of the Ordinance, and instruct Staff to revise any other Ordinances that relate to the pig factor. Mr. Wakefield: Section 4300 does prohibit the keeping of pigs, hogs. Motion made by Councilman Shearer, seconded by Councilman Tice that the Council adopt Amendment No. 128 as proposed with the deletion of reference to swine, and the correction as noted by Councilman Tice on page 3, para- graph 3 to set the time limit to one (1) year. Motion carried. MAYOR BROWNE CALLED FOR AN EXECUTIVE SESSION AT 9:05 P.M. FOR THE PURPOSE OF MEETING WITH THE CONSULTING ATTORNEY FOR MEET AND CONFER NEGOTIATIONS. THE COUNCIL RECONVENED AT 9:30 P.M. - 19 - r 1 CITY COUNCIL City Attorney CITY ATTORNEY ORDINANCE INTRODUCTION August 23, 1976 Page Twenty The City Attorney presented: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADDING SECTION 6235.8 TO THE WEST COVINA MUNICIPAL CODE RELATING TO GAMES OF SKILL AND SCIENCE. Motion made by Councilman Tice, seconded by Councilman Shearer to waive further reading of the body of the Ordinance. Motion carried. Motion made by Councilman Tice, seconded by Councilman Shearer to introduce said Ordinance. Motion carried. ORDINANCE INTRODUCTION The City Attorney presented: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING THE WEST COVINA MUNICIPAL CODE SO AS TO REZONE CERTAIN PREMISES. (Zone Change No. 504 - Belcher-Kiely Associates. Location: West side of Sunset Avenue, south of Merced Avenue.) is Motion made by Councilman Shearer, seconded by Councilman Tice to waive further reading of the body of said Ordinance. Motion carried. Motion made by Councilman Shearer, seconded by Councilman Tice to introduce said Ordinance. Motion carried 4 in favor, 1 opposed (Miller). RESOLUTION NO. 5308 The City Attorney presented: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING PRECISE PLAN OF DESIGN NO. 677. (Belcher-Kiely Associates) Motion made by Councilman Chappell, seconded by Councilman Shearer to waive further reading of the body of said resolution. Motion carried. Motion made by Councilman Chappell, seconded by Councilman Shearer to adopt said resolution. Motion carried on roll call vote as follows: AYES: Chappell, Shearer, Tice, Browne • NOES: Miller ABSENT: None - 20 - W, CITY COUNCIL .City Attorney ADOPTION OF OPERATING BUDGET FOR 1976-77 AND TAX RESOLUTIONS FOR 1976-77 FISCAL YEAR RESOLUTION NO. 5309 ADOPTED August.23, 1976 Page Twenty-one The City Attorney presented: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING THE BUDGET AND APPROVING THE APPROPRIATIONS FOR THE FISCAL YEAR COMMENCING JULY 13 1976 AND ENDING JUNE 30, 1977. Mr. Eliot: The proposed budget has been reviewed in our many sessions on the budget in this especially difficult year of a pretty stable income, but increased expenditures due to inflationary pressures, mandated changes in costs to the Ci-ty - liability insurance rates going up, Workman's Compensation rates soaring, retirement rate increases, etc. I did note a comment in the newspaper the other night with reference to the increase in the proposed budget as opposed to last year, an increase of $1,000,000. I would like to make clear that it does not indicate an increase of spending by this Council for expanding programs. A great deal of the increase costs are other programs that are not funded by the regular City budget, i.e. Community Development, which is a federally funded program (increased in funding this year, not comparable to last year's spending level); and, the City has received a large grant, federally funded, from LEAA„ which tends to inflate the size of the budget. If you were to strip away those federally funded programs which are not coming under the direct purview of the Council as far as raising taxes or from. the General Fund of the City, and to deduct the costs over which we do not have control, i.e. insurance, retirement and Workman's Compensation costs, this is actually a budget that is operating on less dollars than last year, hoping to do the same level of work for the citizens of this community. The attempt has been to maintain a level of service as best as can in these difficult times, and that is what this budget being recommended to you tonight does. It has been cut to a level beyond which it would mean a decrease in service. The apparent increase in the dollars is just that - it appears to be a larger budget, but actually increased federal funds for specialized programs are not part of the general work of the City. I would also like to comment that.the Council and Staff's primary objective was to make sure that there would not be a tax rate increase to the citizens of this City. The budget, as presented to you tonight, reflects that there is no increase in the tax rate in the City of West Covina, whether it is for the General Fund, the Maintenance Districts, or for the Sewer District of the City. - 21 - CITY COUNCIL City Attorney August 23, 1976 Page Twenty-two Councilman Tice: The proposed budget reflects that $1000.00 be set aside for the Senior Citizens Club. I was wondering if this year, since we have two Senior Citizens Clubs, . if perhaps $200.00 be set aside for an assist to the new Senior Citizens Club. They have not requested this. Councilman Shearer: Not knowing the details, merits, or needs of the two clubs, Mr. Wakefield, is it necessary to specify in the budget a split of the funds between the two clubs? Mr. Wakefield: No, the item is just Senior Citizens. Mayor Browne: Why don't we just appropriate the funds and direct Staff to report how the monies are spent on the one club, and present recommendations to the City Council. Councilman Chappell: Part of the $1000.00 has gone for rent of the VFW Hall for the older group. When we have Palm View Park, that cost will automatically be cut off,,and there should be $200.00 available for the newer club. Mayor Browne: I believe Staff has already been instructed to look into the rental factor to see if there can't be made a facility available within our own system so that rent will not have to be paid. Councilman Tice: As you will recall, I was pretty adamant about Account No. 47, Allowances and Memberships. I feel that the Staff has done an excellent job in paring down the budget this year, and the only area that I could find that I felt could be trimmed down was that area (Account No. 47). I made a motion, however my motion failed for lack of support. I will vote for the budget, but I would like to qualify my "yes" vote in that I am somewhat disappointed that I could not get two percent more out of Account No. 47. Motion made by Councilman Shearer, seconded by Councilman Tice to waive further reading of the body of said resolution. Motion carried. Motion made by Councilman Shearer, . seconded by Councilman Tice to adopt said resolution. Motion carried on roll call vote as follows: AYES: Miller, Chappell, Shearer, Tice, Browne NOES: None ABSENT: None - 22 - CITY COUNCIL August 23, 1976 City Attorney Page Twenty-three RESOLUTION N0. 5310 The City Attorney presented: ADOPTED A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, FIXING THE AMOUNT OF MONEY NECESSARY • TO BE RAISED BY TAXATION FOR THE FISCAL YEAR BEGINNING JULY 1, 1976. CJ s Motion made by Councilman Tice, seconded by Councilman Miller to waive further reading of the body of said resolution. Motion carried. Motion made by Councilman Tice, seconded by Councilman Miller to adopt said resolution. Motion carried on roll call vote as follows: AYES: Miller, Chappell, Shearer, Tice, Browne NOES: None ABSENT: None Mayor Browne: We are very pleased that we do not have to raise taxes in our City. Hopefully, people will recognize that any increases in their taxes are borne out by the new assessed evaluation figures set by the County. RESOLUTION NO. 5311 The City Attorney presented: ADOPTED A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, FIXING THE RATES OF TAXES AND LEVYING TAXES FOR THE FISCAL YEAR BEGINNING JULY 131 1976. Motion made by Councilman Shearer, seconded by Councilman Chappell to waive further reading of the body of said resolution. Motion carried. Motion made by Councilman Shearer, seconded by Councilman Chappell to adopt said resolution. Motion carried on roll call vote as follows: AYES: Miller, Chappell, Shearer, Tice, Browne NOES: None ABSENT: None RESOLUTION NO. 5312 The City Attorney presented: ADOPTED A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA) FIXING THE AMOUNT OF MONEY NECESSARY TO BE RAISED BY TAXATION FOR THE FISCAL YEAR BEGINNING JULY 1, 1976, FOR THE SEWER MAINTENANCE DISTRICT, AND FIXING RATES OF TAXES AND LEVYING TAXES FOR THE FISCAL YEAR BEGINNING JULY 1, 19765 FOR SAID SEWER MAIN- TENANCE DISTRICT. - 23 - CITY COUNCIL City Attorney August 23, 1976 Page Twenty-four Motion made by Councilman Tice, seconded by Councilman Shearer to waive further reading of the body of said resolution. Motion carried. • Motion made by Councilman Tice, seconded by Councilman Shearer to adopt said resolution. Motion carried on roll call vote as follows: AYES: Miller, Chappell, Shearer, Tice, Browne NOES: None ABSENT: None RESOLUTION NO. 5313 The City Attorney presented: ADOPTED A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, FIXING THE AMOUNT OF MONEY NECESSARY TO BE RAISED BY TAXATION FOR THE FISCAL YEAR BEGINNING JULY 13 1976) FOR THE WOODSIDE VILLAGE MAINTENANCE DISTRICT NO. 1, CITY OF WEST COVINA AND FIXING RATES FOR TAXES FOR SAID MAIN- TENANCE DISTRICT AND LEVYING TAXES FOR THE FISCAL YEAR BEGINNING JULY 1, 19762 FOR SAID MAINTENANCE DISTRICT. Motion made by Councilman Miller, • seconded by Councilman Chappell to waive further reading of the body of said resolution. Motion carried. Motion made by Councilman Chappell, seconded by Councilman Miller to adopt said resolution. Motion carried on roll call vote as follows: AYES: Miller, Chappell, Shearer, Tice, Browne NOES: None ABSENT: None RESOLUTION NO. 5314 The City Attorney presented: ADOPTED A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, FIXING THE AMOUNT OF MONEY NECESSARY TO BE RAISED BY TAXATION FOR THE FISCAL YEAR BEGINNING JULY 1, 1976, FOR THE WOODSIDE VILLAGE MAINTENANCE DISTRICT NO. 2, CITY OF WEST COVINA, AND FIXING RATES OF TAXES FOR SAID MAIN- TENANCE DISTRICT AND LEVYING TAXES FOR THE FISCAL YEAR BEGINNING JULY 1, 19763, FOR SAID MAINTENANCE DISTRICT. • Motion made by Councilman Chappell, seconded by Councilman Miller to waive further reading of the body of said resolution. Motion carried. Motion made by Councilman Chappell, seconded by Councilman Miller to adopt said resolution. Motion carried on roll call vote as follows: AYES: Miller, Chappell, Shearer, Tice, Browne NOES: None ABSENT: None - 24 - • CITY COUNCIL. August 23, 1976 City Attorney Page Twenty-five RESOLUTION NO. 5315 The City Attorney presented: ADOPTED A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING THE ANNEXATION OF CERTAIN TERRITORY TO THE CITY OF WEST COVINA PURSUANT TO THE PROVISIONS OF SECTION 35300 TO 35326 OF THE GOVERNMENT CODE. (Southerly Annexation District No. 222) Motion made by Councilman Tice, seconded by Councilman Chappell to waive further reading of the body of said resolution. Motion carried. Motion made by Councilman Tice, seconded by Councilman Chappell to adopt said resolution. Mdion carried on roll call vote as follows: AYES: Miller, Chappell, Shearer, Tice, Browne NOES: None ABSENT: None RESOLUTION NO. 5316 The City Attorney presented: ADOPTED A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AUTHORIZING THE SUBMISSION OF A FORMAL APPLICATION FOR A PHASE II OF A.LAW ENFORCEMENT PLANNING GRANT. Motion made by Councilman Shearer, seconded by Councilman Tice to waive further reading of the body of said resolution. Motion carried. Motion made by Councilman Shearer, seconded by Councilman Tice to adopt said resolution. Motion carried on roll call vote as follows: AYL.;• Miller, Chappell, Shearer, Tice, Browne NOES: None ABSENT: None MEMORANDUM OF UNDERSTAND- The Council reviewed the Staff Report. ING WITH THE SERVICE EMPLOYEES INTERNATIONAL Motion made by Councilman Chappell, UNION LOCAL 660 seconded by Councilman Miller to receive and file the Memorandum of Understanding. Motion carried. RESOLUTION NO. 5317 The City Attorney presented: ADOPTED A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING RESOLUTION NO. 1277 TO FIX THE COMPENSATION AND BENEFITS PAYABLE TO AND TO AMEND THE POLICIES APPLICABLE TO MISCELLANEOUS EMPLOYEES WITHIN THE WEST COVINA CITY SERVICE, AND AMENDING RESOLUTION NO. 4855. - 25 - CITY COUNCIL City Attorney August 23, 1976 Page Twenty-six Motion made by Councilman Tice, seconded by Councilman Shearer to waive further reading of the body of said resolution. Motion carried. • Motion made by Councilman Tice, seconded by Councilman Shearer to adopt said resolution. Councilman Shearer: I would like to make a comment, if I may, applicable to this and also the next item, and, I trust will be applicable to the one group that is missing as far as covering all of the employees of the City of West Covina. I would like to commend the repre- sentatives of the employees groups for their understanding of the financial situation of the City this year. I think that the increases agreed to in the Memorandum are not consistent with cost of living increases. However, I think that the ability of the City to pay is obviously a limit, regardless of the cost of living; the money just is not there. I think both of these groups have taken the time to investigate the City's financial situation and have said, I guess reluctantly, "Ok, we realize the City's financial situation, and we will go under the terms that we have agreed to." I could not let this go without • commending them for their outstanding approach to our negotiations and the settlement, which is meager, I suppose, by some people's justification, but at least it is within the financial ability of the City. I hope that our relationships continue in the future on this very professional -and open and above board status. Mayor Browne: I think possibly in the past there have been some differences of opinion and some pretty tenuous points on occasion. In discussing with some of the representatives of the employees bargaining bodies prior to wage negotiations, I felt that their approach was a very practical one this year based upon the fact that they were seeking information relative to budgetary factors that we have to review and contend with. Apparently there was some misunderstanding in the past in the manner in which they received this information. I think through the City Council's direction to Staff over the past year, the attitude has tended to change with respect to honesty in dealing with each other. I think this is a milestone in the direction of understanding between the employees and the Council. City Council to grant, we can afford it. I am sure that it is the intent of the wherever possible, a practical amount if aw= • • CITY COUNCIL. City Attorney August 23, 1976 Page Twenty-seven The budget, as reviewed by these people, was accepted; amounts were verified. All in all, I think we have had a very good understanding from the start. It was in the February -March period when we started thinking about these negotiations. I would like to say that as long as I sit on the Council, I will direct myself to be conservative with the taxpayer's money, as well as to give consideration for justification of wage increases and benefits that we can afford. follows: AYES: NOES: ABSENT: MEMORANDUM OF UNDERSTAND- ING WITH nip WEST COVINA FIREMEN'S ASSOCIATION, A UNIT OF THE CALIFORNIA TEAMSTERS PUBLIC PRO- FESSIONAL AND MEDICAL EMPLOYEES UNION LOCAL 911 Motion carried on roll call vote as Miller, Chappell, Shearer, Tice, Browne None None The Council reviewed the Staff Report. Motion made by Councilman Tice, seconded by Councilman Shearer to receive and file the Memorandum of Understanding. Motion carried. RESOLUTION NO. 5318 The City Attorney presented: ADOPTED A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING RESOLUTION NO. 1277 TO FIX THE COMPENSATION AND BENEFITS PAYABLE TO FIRE FIGHTERS, FIRE ENGINEERS, FIRE CAPTAINS AND FIRE BATTALION CHIEFS. Motion made by Councilman Tice, seconded by Councilman Shearer to waive further reading of the body of said resolution. Motion carried. Motion made by Councilman Tice, seconded by Councilman Miller to adopt said resolution. Motion carried on roll call vote as follows: AYES: Miller, Chappell, Shearer, Tice, Browne NOES: None ABSENT: None Mayor Browne: The increases in wages and benefits as delineated in and approved of in these Memorandums of Understanding will be retroactive to July 1, 1976. - 27 - CITY COUNCIL August 23, 1976 City Attorney Page Twenty-eight Mr. C. Bahn On behalf of myself personally, on Pres. of West Covina behalf of my position with Local 911, Firemen's Association and as President of the Association, & Official of Local 911 I felt that it would be rather inappro- priate not to make some comment about these negotiations that we have just gone through. They have been very difEicult negotiations for us as well as the City. You look in the newspapers today and you see many other things going on in many other cities that personally I do not like on either side of the coin. Some cities' leadership allows their employees to do anything they want and take it out on the taxpayers; other cities harden their minds and hearts to listen to the employees and their problems. These situations develop chaos and everyone's illusions in this. We do appreciate very much the tone which was set initially in negotiations this year. I have been working for the City for 15 years, and have been involved in negotiations probably half of those years. From my personal feelings, this was a very pleasant time, not in the sense that we got what we wanted necessarily, but the tone was more impor- tant to me. There was a rapport between ourselves and your representatives. I presume that the tone they set reflected the tone that you gave them, so I am presuming their tone was the same as the Councihs.. • We asked for more facts this year than we ever have. We delved as deeply into the budget as we could as laymen with our professional help. We honestly felt that the City financially has a problem. As President, I felt that my only responsible action was to go back and advise the people that financially this was about what the City could afford. To me, this was a reasonable position to assume. It does not- mean that every year we will assume that same position; it will be according to what the budget can and cannot stand. I think this is a logical position to take. I do want to compliment the Council in their listening to us this year, giving us the chance to say what we had to say, and honestly listening to us. We were very satisfied. Last year we had some negative comments. If it is negative, I will say so, but if it is affirmative, I will also say so. This year we were satisfied. Mr. Counter did a very good job. We, were able to reach agreements. We do appreciate it. The City is lucky to have a Council who will set.a pace such as this, and have an interest in the employees of the City. • It is important. We thank you. We will be in again next year, and we will try to squeeze a little more out. But, we do appreciate the atmosphere that we had this year, and hope it will continue. If it does, I think that we will have quite a few good years ahead of us. CITY COUNCIL August.23, 1976 City Attorney Page Twenty-nine Mayor Browne: Thank you for coming. We certainly appreciate those kind words. • MAYOR'S REPORTS RESOLUTION NO. 5319 The City Attorney presented: ADOPTED A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, COMMENDING LEONARD ELIOT FOR HIS SERVICES TO THE CITY AS ACTING MANAGER FEBRUARY 2, 1976 - AUGUST 1, 1976. Motion made by Councilman Chappell, seconded by Councilman Shearer to waive further reading of the body of the resolution. Motion carried. Motion made by Councilman Chappell, seconded by Councilman Shearer to adopt said resolution. Motion carried on roll call vote as follows: AYES: Miller, Chappell, Shearer, Tice, Browne NOES: None ABSENT: None Councilman Chappell: If it is legally possible, I would • like to have the resolution carry the signatures of all of the Councilmen. Mr. Wakefield: That would be fine.. (The Council concurred with the recommendation.) COUNCILMEN'S REPORTS AND/OR COMMENTS Councilman Miller: I would like.to ask Staff to report back to us with respect to the Administrative Research Zone in the Orange -Merced area. It has been brought to my attention that the area is not eligible at this time for any state or federal money in the way of home improvement loans. I feel that is an area that has gone down the hill in such a way that we have to now start taking some action. as to which direction this area should be going. I would like to look out for the best interests of these people. I do not think it is fair to keep them hanging. Either they are going to have the opportunity to receive help to improve their area, or they are going to be behind whatever development comes in. I think . they are in a state of limbo, and we are going to have to meet the challenge and try to help them. Councilman Shearer: Mr. Salazar is not here, and he could probably address the situation. But, I would like to make some comment so that we do not have something printed in the paper without being complete. - 29 - CITY COUNCIL August 23, 1976 Councilmen's Reports/Comments Page Thirty 1 believe that this matter has been investigated alreacly, nncl LhaL it has been deLermined LhaL what Councilman Miller has staled is correct technically, but • practically speaking, I was advised by Mr. Salazar that the people from HUD have indicated that it can be worked out. The citizens in that area can receive the reimbursement of the Home Improvement Rebate Program with no real problem. Councilman Tice: We already have one senior citizen in that area who has received some rebate. Mayor Browne: Councilman Miller asked for a report back. I am sure if we contact Mr. Salazar, he can clarify the situation as it exists. We certainly do not want to open any plans for the area such as redevelopment. It has been the policy of this Council to keep "hands -off" of redevelopment of residential areas. I think we should stick strictly to the Community Development Funds. Councilman Miller: He has clarified that with me, but I feel it is pretty restricted in that we cannot make that a target area on • a larger scale. I think it is something we should look into to see if maybe we have to do some rezoning or something to see if we cannot broaden it to those homes that need the extra help. I have discussed this with Mr. Salazar. As it is, it is not going to do the job for that area. It is still going to go in a blighted way. It is going to go down hill fast if we do not meet the challenge in some way. Mayor Browne: I think there should be some indication through Staff from residents in the area who are desirous of the program. Perhaps a survey could be made to give us better guidelines to direct the future of the Community Development Fund. But, I think that the residents can be approached on an individual basis; that is my understanding. We should probably all compare notes on this issue because we have probably all received individual calls. • report on the matter. We will have Mr. Salazar give us a - 30 - !J � CITY COUNCIL August 23, 1976 Councilmen's Reports/Comments Page Thirty-one Councioman Chappell:, The RTD Board once again voted to use Gas Tax Funds to develop their program. We already know what is • happening to our ATC Funds, and this would further deplete, if not eliminate, any of those funds plus other,Gas Tax Funds we might be entitled to at this present time in our City. Our representative to the Board voted in opposition to using Gas Tax Funds in this manner, along with Supervisor Schabarum's representative. The other three corridor representatives voted in favor of it. I am taking this up at our Executive Board meeting to find out why corridor representatives do not vote in protection of the various cities that they represent. The Executive Board will meet this Thursday. If any of you have any comments I will be happy to take them along with me as ammunition. These funds are really needed by our cities and we cannot deplete them any further for RTD. They will have to get their funds somewhere else. We are the ones having it taken away from us. The State and the County are not going to stop spending theirs. • Mayor Browne: You ask for comments on RTD - after receiving this telegram, and consider- irgtheir strike - have you got about two hours? Anyone having to travel the freeway this morning was from a half an hour to an hour late getting to their job; and, by the same token the freeway was jammed tonight. Considerations that are given by the RTD, both from Cite management and the employee's standpoint, really irk me. Every time they take, we have to give. We have just considered our own emYloyees and could only give a 32 percent factor, and here they are demanding a 23 or 24 percent combined wage -benefit. Where is it all going to stop? They take away our money from Gas Tax Funds, depleting what we now have. We cannot afford to do anything. I do not know what the answer is, but I think that somewhere along the line cities are going to have to band together and take a firm stand and just say "NO" every time RTD is mentioned. It is getting to be a dirty word as far as I. am concerned. • Councilman Shearer: There seems to be a general feeling among people that there is something magic about gas tax in that it is inexhaustible, and that we can spend it twice, three times, etc. But, -surprisingly, gas tax is like any other piece of money, you. spend it and it is gone, and you can only spend it one time. - 31 - I+ � CITY COUNCIL August 23, 1976 Councilmen's Reports/Comments Page Thirty-two And, if you spend it on one thing, you do not have it to spend oii another. That it very basic, but people vote to divert it to once thing or anotlier, a+id naturally, when you divert it, it • is gone. Roughly, less than 50 percent of the State gas tax that is collected goes to the cities and counties. What is the income that the City of West Covina gets from the seven cents State gas tax at the present time? Mr. Eliot: Approximately $600,000/year. Councilman Shearer: So, when we are talking about State Gas Tax Funds, we are not talking about, necessarily, freeways and so forth, because half of it goes to the cities. When we talk about voting to divert that, then those representatives had better ask themselves, "If we divert it, where are we going to get the money to sweep our streets, patch and repair them, etc." The same thing goes to the voters when they go to the polls and they vote "yes" to divert additional Gas Tax Funds, it is not just to stop the freeway construction, it .is stop the street sweeping and stop all of the other things that go along with it. It is not inexhaustible. Councilman Chappell: I think that is why it is imperative • to take a stand as cities to try to stop this continual drain of our Gas Tax Funds because the money did come from us. They could stop us from what little we do in our community, which is certainly short of what needs to be done. Councilman Tice: At this rate, the RTD will not have any roads to ride on. Mayor Browne: They will never get my vote for any- thing on the RTD as long as they carry on.the way they are. Councilman Shearer: Most of the recent bulletin from the League of California Cities dealt with the Conflict of Interest Code that is required to be adopted. I was wondering if we are in the process of meeting the deadline; I notice that they mention one deadline as being September 10, 1976, which.is very close. Mr. Wakefield: The Code has been prepared for sometime. It will be ready to submit to the Council at your next regular meeting. The Code has been held up because the Fair Employment Practices Commission has been debating about the extent to which an - 32 - CITY COUNCIL August 23, 1976 Councilmen's Reports/Comments Page Thirty-three individual employee must have a policy making or recommending role before he need be included in the disclosure and disqualifica- tion requirements. Approximately a week ago, the Commission • adopted a regulation which modified its previous requirements substantially, and also adopted a suspension of all of the dead- line dates that had been previously established. So, we still have time to meet the deadline that was fixed. • Councilman Shearer: I think we are all aware of the very fine season that all of our youth baseball teams have had in West Covina, topped. off by the second place finish of our Colt Team just yesterday in the Boys Baseball World Series in Lafayette, Indiana. To even be in the World Series, let alone going right down to the wire, is very commendable. I am not going to propose a perma-plaqued resolution, but I think that perhaps a letter from the Mayor to the League President, and participation by the Council in any type of an ward banquet if one is given would be in order. APPROVAL OF DEMANDS (The Council concurred with the recommendation.) Motion made by Councilman Shearer,. seconded by Councilman Tice to approve Demands totalling $196,559.76 as listed on Demand Sheets U.C.B. 56713 through 56868 and B.A. 424 through 426. Motion carried on roll call vote as follows: AYES: Miller, Chappell, Shearer, Tice, Browne NOES: None ABSENT: None ADJOURNMENT Motion made by Councilman Tice, seconded by Councilman Shearer to adjourn the meeting at 10:25 P.M. until September 132 1976 at 7:30 P.M. Motion carried. - 33 -